25. Executive search firm City AttorneyHUMAN RESOURCES
CUPERTINO
CITY HALL, DEPARTMENT OF ADMINISTRATIVE SERVICES
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3227 • FAX: (408) 777-3109
SUMMARY
Agenda Item No.
SUBJECT AND ISSUE
Meeting Date: June 17, 2008
Authorize the City Manager to execute a contract with an executive search firm for the City
Attorney position.
BACKGROUND
After over 28 years of distinguished service, City Attorney Charles Kilian has announced his
impending retirement. On May 19, 2008, the City Council approved the use of an executive
search firm to conduct a comprehensive recruitment for City Attorney. The Council also
approved the formation of a subcommittee including Mayor Dolly Sandoval, Council Member
Kris Wang and City Attorney Charles Kilian to identify a firm specializing in public sector
executive recruitment with regional expertise, top industry contacts and a proven track record.
The subcommittee carefully reviewed proposals from five well qualified California firms and
conducted interviews with the top two finalists. Based on the services offered, related costs,
specialized expertise and successful placements, the subcommittee is recommending .the
selection of Bob Murray & Associates. Bob Murray, President of the firm, will personally
conduct the recruitment.
FISCAL IMPACT
The consulting fee for the executive search is $17,500 plus expenses (for advertising,
newspaper searches, criminal and civil checks, education verification, etc.) not to exceed
$8,300. All related costs have been budgeted by Human Resources.
RECOMMENDATION
Authorize the City Manager to execute the attached contract with Bob Murray & Associates to
conduct the executive search for Cupertino's next City Attorney.
Submitted by: Approved by:
~~~
Sandy Abe David W. Knapp
Human Resources Director City Manager
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PROFESSIONAL SERVICES AGREEMENT
This agreement is made by and between the City of Cupertino (the City), and Bob
Murray & Associates (the Consultant).
A. Engagement: The City agrees to engage the Consultant to perform the services
described below, the project described as an executive recruitment for a City
Attorney (the Search).
B. Services: The Consultant agrees to perform certain services necessary for the
completion of the search, which services shall include the following:
a. Develop the Candidate Profile
b. Develop Advertising Campaign and Recruitment Brochure
a Recruit Candidates
d. Screen Candidates
e. Conduct Personal Interviews
f. Conduct Public Record Search
g. Provide Recommendation -
h. Assist with Final Interviews
i. Conduct Detailed Reference Checks
j. Assist with Negotiations
k. Provide Complete Administrative Assistance
As described in the proposal dated May 12, 2008.
C. Relationship: The Consultant is an independent contractor and is not to be
considered an agent or employee of the City.
D. Compensation: As fiill compensation for the Consultant's professional services
performed hereunder, the City shall pay the Consultant the fixed amount of
$17,'500 (seventeen thousand five hundred dollars).
E. Expense Reimbursement: The Consultant shall be entitled to reimbursement for
expenses from the City for consultant travel, advertising, printing and binding,
clerical, long distance charges, postage and delivery, civil, criminal and
newspaper checks, and credit checks. Postage, photocopying, and telephone
charges are allocated costs. Expenses to be reimbursed shall not exceed $8,300
(eight thousand three hundred dollars) without prior approval of the City. Copies
of receipts will not be provided unless specifically requested and made part of this
contract.
F. Compensation for Additional Services: In the event the City elects to require
additional services of the Consultant in addition to those described in paragraph B
the Consultant shall be compensated at an agreed upon rate.
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G. Method of Payment: The City shall be billed monthly by the Consultant for the
work completed as of that date. Expenses shall be billed and due at the same
time.
H. Term: The term of this agreement shall commence on June 18, 2008, at which
time Consultant shall begin work on the Search and shall continue until the search
is completed.
I. Termination: This agreement may be terminated; (a) by either party at any time
for failure of the other party to comply with the terms and conditions of this
Agreement; {b} by either party upon 10 days prior written notice to the other
party; or (c} upon mutual written agreement of both parties. In the event of
termination, the Consultant shall stop work immediately and shall be entitled to
compensation for professional fees and expense reimbursement to the date of
termination and for any work necessitated by that terminatian.
J. Indemnity: Except for loss, damages, liability, claims, suits, costs and expenses
whatsoever, including reasonable attorney's fees, caused solely by the negligence
of the City, its Council, baazds, commissions, officers and employees, Consultant
shall indemnify, defend and hold harmless the City, its Council, boards and
commissions, officers; and employees from and against any and all Loss, damages,
liability, claims, suits, costs and expenses whatsoever, including reasonable
attorney's fees, regardless of the merits or outcome of any such claim or suit
arising from or in any manner connected to Consultant's negligent act or omission
regazding performance of services or work conducted or performed pursuant to
this Agreement.
K. Miscellaneous:
a. The entire agreement between the parties with respect to the subject matter
hereunder is contained in this agreement.
b. Neither this agreement nor any rights or obligations hereunder shall be
assigned or delegated by the Consultant without the prior written consent
of the City.
c. This agreement shall be modified only by written agreement duly executed
by the City and the Consultant.
d. Should any of the provisions hereunder be found to be invalid, void or
voidable by a court, the remaining provisions shall remain in full force and
effect.
e. This agreement shall be governed by and construed in accordance with the
laws of the State of California.
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£ All notices required or permitted under this agreement shall be deemed to
have been given if and when deposited in the United States mail, properly
stamped and addressed to the party for whom intended at such party's
address listed below, or when delivered personally to such party. A party
may change its address for notice hereunder by giving written notice to the
other party.
Wherefore, the parties have entered into this agreement as of the later of the dates stated
below.
Approved:
Dated: June 12, 2008 Bob Murray & Associates
By:
Title: President
1677 Eureka. Road, Suite 202
Roseville, CA 95661
Dated: , 2008 ~ City of Cupertino
By:
Title:
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